The Members convened were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBellemareBlackBoehmBonifaceBoveyBrazeauBussonCarignanCordyCormierCoyleDagenaisDalphondDeacon (Nova Scotia)DowneDuncanDupuisForestFrancisFureyGagnéGalvezGoldHarderHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMégieMiville-DechêneMoncionOhOmidvarPatePattersonPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithTannasVernerWellsWoo

The Members in attendance to business were:

The Honourable Senators

*AndersonArnotAtaullahjanAudetteBattersBellemareBlackBoehm*BoisvenuBonifaceBoveyBrazeauBussonCarignanCordyCormierCoyleDagenaisDalphond*DaskoDeacon (Nova Scotia)*DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvez*GignacGoldHarderHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMégieMiville-DechêneMoncionOhOmidvarPatePattersonPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithTannasVernerWellsWoo*Yussuff

The first list records senators present in the Senate Chamber during the course of the sitting.

An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.

PRAYERS

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Boehm, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented the seventh report of the committee (Budget—study on foreign relations and international trade generally—power to hire staff and to travel).

(The report is printed as Appendix A at pages 896-901 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

The Honourable Senator Boehm moved, seconded by the Honourable Senator Kutcher, that the report be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Boehm, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented the eighth report of the committee (Budget—study on the Canadian foreign service and elements of the foreign policy machinery within Global Affairs Canada—power to hire staff and to travel).

(The report is printed as Appendix B at pages 902-909 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

The Honourable Senator Boehm moved, seconded by the Honourable Senator Harder, P.C., that the report be placed on the Orders of the Day for consideration at the next sitting.

The question being put on the motion, it was adopted.

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:

That, notwithstanding the order adopted on March 31, 2022, the deadline for the Special Joint Committee on Medical Assistance in Dying to submit its final report on its review, including a statement of any recommended changes, extended on May 4, 2022, be further extended from October 17, 2022, to February 17, 2023; and

That a message be sent to the House of Commons to acquaint that House accordingly.

The question being put on the motion, it was adopted.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

A message was brought from the House of Commons in the following words:

Wednesday, October 5, 2022

EXTRACT, —

That, notwithstanding paragraph (e) of the order made Monday, May 2, 2022, the deadline for the Special Joint Committee on Medical Assistance in Dying to submit to Parliament a final report of its review, including a statement of any recommended changes, be no later than Friday, February 17, 2023; and that a message be sent to the Senate to acquaint Their Honours that this House has passed this order.

ATTEST

Government Business

Bills – Second Reading

Order No. 1 was called and postponed until the next sitting.

Motions

Orders No. 1 and 62 were called and postponed until the next sitting.

Inquiries

Orders No. 2 and 3 were called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Bovey, seconded by the Honourable Senator Gignac, for the third reading of Bill S-208, An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada, as amended.

After debate,

The question being put on the motion, it was adopted.

The bill, as amended, was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

o o o

Order No. 2 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Quinn, seconded by the Honourable Senator White, for the third reading of Bill S-222, An Act to amend the Department of Public Works and Government Services Act (use of wood), as amended.

The question being put on the motion, it was adopted.

The bill, as amended, was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

o o o

Third reading of Bill S-224, An Act to amend the Criminal Code (trafficking in persons).

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Marshall, that the bill be read for a third time.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

o o o

Resuming debate on the motion of the Honourable Senator Duncan, seconded by the Honourable Senator Clement, for the third reading of Bill S-236, An Act to amend the Employment Insurance Act and the Employment Insurance Regulations (Prince Edward Island), as amended.

After debate,

The Honourable Senator Plett moved, seconded by the Honourable Senator Martin, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Senate Public Bills – Second Reading

Orders No. 1, 2 and 3 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator McCallum, seconded by the Honourable Senator Mégie, for the second reading of Bill S-218, An Act to amend the Department for Women and Gender Equality Act.

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Orders No. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28 were called and postponed until the next sitting.

o o o

Second reading of Bill S-251, An Act to repeal section 43 of the Criminal Code (Truth and Reconciliation Commission of Canada’s call to action number 6).

The Honourable Senator Kutcher moved, seconded by the Honourable Senator Boehm, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

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MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons with Bill C-30, An Act to amend the Income Tax Act (temporary enhancement to the Goods and Services Tax/Harmonized Sales Tax credit), to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator Gagné, that the bill be placed on the Orders of the Day for a second reading two days hence.

The question being put on the motion, it was adopted.

o o o

Ordered : That Order No. 62, under GOVERNMENT BUSINESS, Motions, be again called.

The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, October 17, 2022, at 6 p.m.; and

That rule 3-3(1) be suspended on that day.

The question being put on the motion, it was adopted.

Other Business

Senate Public Bills – Second Reading

Order No. 30 was called and postponed until the next sitting.

Commons Public Bills – Second Reading

Order No. 1 was called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 18 and 20 were called and postponed until the next sitting.

o o o

Consideration of the fourth report (interim) of the Standing Senate Committee on Human Rights, entitled The Scars that We Carry: Forced and Coerced Sterilization of Persons in Canada - Part II, deposited with the Clerk of the Senate on July 14, 2022.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Martin:

That the fourth report of the Standing Senate Committee on Human Rights, entitled The Scars that We Carry: Forced and Coerced Sterilization of Persons in Canada - Part II, deposited with the Clerk of the Senate on July 14, 2022, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Health being identified as minister responsible for responding to the report, in consultation with the Minister of Justice and Attorney General of Canada, the Minister of Indigenous Services and the Minister for Women and Gender Equality and Youth.

After debate,

The question being put on the motion, it was adopted.

Motions

Orders No. 3, 4, 5 and 6 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Galvez, seconded by the Honourable Senator Forest:

That the Senate of Canada recognize that:

(a)climate change is an urgent crisis that requires an immediate and ambitious response;

(b)human activity is unequivocally warming the atmosphere, ocean and land at an unprecedented pace, and is provoking weather and climate extremes in every region across the globe, including in the Arctic, which is warming at more than twice the global rate;

(c)failure to address climate change is resulting in catastrophic consequences especially for Canadian youth, Indigenous Peoples and future generations; and

(d)climate change is negatively impacting the health and safety of Canadians, and the financial stability of Canada;

That the Senate declare that Canada is in a national climate emergency which requires that Canada uphold its international commitments with respect to climate change and increase its climate action in line with the Paris Agreement’s objective of holding global warming well below two degrees Celsius and pursuing efforts to keep global warming below 1.5 degrees Celsius; and

That the Senate commit to action on mitigation and adaptation in response to the climate emergency and that it consider this urgency for action while undertaking its parliamentary business.

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Orders No. 11 and 12 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Greene:

Whereas the Senate provides representation for groups that are often underrepresented in Parliament, such as Aboriginal peoples, visible minorities and women;

Whereas paragraph (3) of section 23 of the Constitution Act, 1867 requires that, in order to be qualified for appointment to and to maintain a place in the Senate, a person must own land with a net worth of at least four thousand dollars in the province for which he or she is appointed;

Whereas a person’s personal circumstances or the availability of real property in a particular location may prevent him or her from owning the required property;

Whereas appointment to the Senate should not be restricted to those who own real property of a minimum net worth;

Whereas the existing real property qualification is inconsistent with the democratic values of modern Canadian society and is no longer an appropriate or relevant measure of the fitness of a person to serve in the Senate;

Whereas, in the case of Quebec, each of the twenty-four Senators representing the province must be appointed for and must have either their real property qualification in or be resident of a specified Electoral Division;

Whereas an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

Whereas the Supreme Court of Canada has determined that a full repeal of paragraph (3) of section 23 of the Constitution Act, 1867, respecting the real property qualification of Senators, would require a resolution of the Quebec National Assembly pursuant to section 43 of the Constitution Act, 1982;

Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the Schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1.(1) Paragraph (3) of section 23 of the Constitution Act, 1867 is repealed.

(2) Section 23 of the Act is amended by replacing the semi-colon at the end of paragraph (5) with a period and by repealing paragraph (6).

2.The Declaration of Qualification set out in The Fifth Schedule to the Act is replaced by the following:

I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.

3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Real property qualification of Senators).

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Black:

That, notwithstanding any provision of the Rules, previous order or usual practice:

1.except as provided in this order, the question not be put on the motion for third reading of a government bill unless the orders for resuming debate at second and third reading have, together, been called at least three times, in addition to the sittings at which the motions for second and third readings were moved;

2.when a government bill has been read a first time, and before a motion is moved to set the date for second reading, the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate may, without notice, move that the bill be deemed an urgent matter, and that the provisions of paragraph 1 of this order not apply to proceedings on the bill; and

3.when a motion has been moved pursuant to paragraph 2 of this order, the following provisions apply:

(a)the debate shall only deal with whether the bill should be deemed an urgent matter or not;

(b)the debate shall not be adjourned;

(c)the debate shall last a maximum of 20 minutes;

(d)no senator shall speak for more than 5 minutes;

(e)no senators shall speak more than once;

(f)the debate shall not be interrupted for any purpose, except for the reading of a message from the Crown or an event announced in such a message;

(g)the debate may continue beyond the ordinary time of adjournment, if necessary, until the conclusion of the debate and consequential business;

(h)the time taken in debate and for any vote shall not count as part of Routine Proceedings;

(i)no amendment or other motion shall be received, except a motion that a certain senator be now heard or do now speak;

(j)when debate concludes or the time for debate expires, the Speaker shall put the question; and

(k)any standing vote requested shall not be deferred, and the bells shall ring for only 15 minutes.

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Orders No. 50 and 52 were called and postponed until the next sitting.

Inquiries

Orders No. 1, 2, 3, 4 and 5 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator McPhedran, calling the attention of the Senate to parliamentary privilege, the Ethics and Conflict of Interest Code for Senators and options for increasing accountability, transparency and fairness in the context of the Senate’s unique self-governance, including guidelines on public disclosure.

The Honourable Senator Pate moved, seconded by the Honourable Senator Dupuis, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Order No. 7 was called and postponed until the next sitting.

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At 4:20 p.m., the sitting was suspended.

At 6 p.m., the sitting resumed.

COMMITTEE OF THE WHOLE

At 6 p.m., pursuant to the order adopted on October 4, 2022, the Senate was suspended during pleasure and resolved into a Committee of the Whole to consider the subject matter of Bill C-30, An Act to amend the Income Tax Act (temporary enhancement to the Goods and Services Tax/Harmonized Sales Tax credit) the Honourable Senator Ringuette in the Chair.

—In the Committee—

Pursuant to rule 12-32(4), the Honourable Chrystia Freeland, P.C., M.P., Deputy Prime Minister and Minister of Finance, accompanied by Miodrag Jovanovic, Assistant Deputy Minister, Tax Policy Branch, and Pierre Leblanc, Director General, Personal Income Tax, were escorted to seats in the Senate Chamber.

Debate.

It was agreed that the chair report to the Senate that the witnesses have been heard.

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The sitting of the Senate resumed.

The Chair of the Committee stated that the Committee had examined the subject matter of Bill C-30, An Act to amend the Income Tax Act (temporary enhancement to the Goods and Services Tax/Harmonized Sales Tax credit) and had directed her to report the same to the Senate.

ADJOURNMENT

The Honourable Senator Gagné moved, seconded by the Honourable Senator LaBoucane-Benson:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 7:39 p.m., the Senate was continued until Monday, October 17, 2022, at 6 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Commerce and the Economy

The Honourable Senator Yussuff replaced the Honourable Senator Moncion (October 6, 2022).

The Honourable Senator Woo replaced the Honourable Senator Marwah (October 6, 2022).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Anderson replaced the Honourable Senator Harder, P.C. (October 6, 2022).

Standing Senate Committee on Human Rights

The Honourable Senator Manning replaced the Honourable Senator Plett (October 5, 2022).

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Hartling replaced the Honourable Senator Boniface (October 6, 2022).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Forest replaced the Honourable Senator Deacon (Nova Scotia) (October 5, 2022).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Cotter replaced the Honourable Senator Arnot (October 6, 2022).

The Honourable Senator Klyne replaced the Honourable Senator Harder, P.C. (October 6, 2022).

The Honourable Senator Arnot replaced the Honourable Senator Cotter (October 6, 2022).

Standing Senate Committee on National Finance

The Honourable Senator Gignac replaced the Honourable Senator Audette (October 6, 2022).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Poirier replaced the Honourable Senator Martin (October 6, 2022).

The Honourable Senator Moodie replaced the Honourable Senator Ravalia (October 6, 2022).

The Honourable Senator Mégie replaced the Honourable Senator Moodie (October 5, 2022).

Standing Senate Committee on Transport and Communications

The Honourable Senator Quinn replaced the Honourable Senator Tannas (October 6, 2022).

The Honourable Senator Dasko replaced the Honourable Senator Woo (October 6, 2022).